The Extradition Act 2003 (amendment to designations and appeals) Order 2015 (“2015 Order”) and the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2015 (“Commencement Order no.9”) has been signed so that the appeal filter as set out in section 160 of the Anti-social Behaviour Crime and Policing Act 2014) willl come into force on 15 April 2015.
This means that from 15 April 2015 there will be no automatic right of appeal to the High Court in Part 1 and Part 2 (2003 Act) extradition cases and permission (or leave) to appeal must be sought, considered and granted on paper by the High Court in accordance with the Criminal Procedure Rules and Criminal Practice Direction, which came into force on 6 October 2014.
As a result of this change in the legislation all applications for permission to appeal lodged on 15 April and thereafter must be made on Form EXN161 which is to be found on the Justice website/administrative court/forms and guidance. There is also a requirement from 15 April for the respondent to file a respondent’s notice, which must be made on Form EXN162.
The work of the Administrative Court is varied, consisting of the administrative law jurisdiction of England and Wales as well as a supervisory jurisdiction over inferior courts and tribunals.
The supervisory jurisdiction, exercised in the main through the procedure of Judicial Review, covers persons or bodies exercising a public law function - a wide and still growing field. Examples of the types of decision which may fall within the range of Judicial Review include:
- Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;
- Certain decisions of the immigration authorities and Immigration Appellate Authority;
- Decisions of regulatory bodies;
- Decisions relating to prisoner's rights.
The 'Types of cases' page sets out a brief description of the work dealt with and how the work is divided between single judge courts and Divisional Courts (which consist of at least two judges and normally consist of a Lord Justice of Appeal sitting with a judge of the High Court).
The Crime and Courts Act 2013, through section 22, removed the bar preventing the transfer to the Upper Tribunal Immigration and Asylum Chamber of a wide range of Immigration and Asylum Judicial Reviews.
To facilitate these transfers from 1 November 2013 the Lord Chief Justice of England and Wales has issued this direction, the Senior President of Tribunals has issued amendments to his Practice Directions, and the following Statutory Instruments have been laid in Parliament.
- Tribunal Procedure (Amendment No. 4) Rules 2013
- First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 2) Order 2013
- Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees (Amendment) Order 2013
Skeleton Arguments - Lodging with the Court by email
Skeleton arguments may now be lodged in the Administrative Court London Office and each of the Regional Offices, by email.
Each region has its own dedicated email address for skeleton arguments. Please ensure you send your skeleton argument to the correct address:
You will receive an automated confirmation that your skeleton argument has been delivered:
E.g. Your message has been received in the Administrative Court LONDON at: Administrativecourtofficelondon.firstname.lastname@example.org
Skeleton arguments received after 4.30pm on the afternoon prior to the hearing may not reach the hearing Judge before commencement of the hearing. Any Skeleton Argument received on the same day of the hearing will not be sent to the Judge. You will need to provide a copy to the Court.
NB: When lodging a skeleton argument by email, it is not necessary to lodge a further copy by any other means.
A template for the skeleton argument is available below, to assist you in completing theinformation required by the Court. The template is formatted so the cursor will take you to each part to be completed. Please note that where there is a selection of Region or Party an arrow appears which when clicked on reveals a drop down box showing the options available.
Regional venues for the Administrative Court
Administrative Court proceedings can also be issued at the District Registry of the High Court at Birmingham, Cardiff, Leeds or Manchester.
The four centres are located at:
- Cardiff Civil Justice Centre
2 Park Street, Cardiff, CF10 1ET
- Birmingham Civil Justice Centre
Priory Courts, 5th Floor, 33 Bull Street, Birmingham B4 6DS
- Leeds Combined Court
1 Oxford Row, Leeds, West Yorkshire LS1 3BG
- Manchester Civil Justice Centre
12th Floor, 1 Bridge Street West, Manchester M3 3FX
If a party needs to make an out of hours application to the court, the acting counsel or solicitors should telephone the Royal Courts of Justice and speak to the Queen’s Bench Division out of hours duty clerk in accordance with CPR 25APD4.5.
If the out of hours duty clerk requests that the acting counsel or solicitors complete the out of hours form this must be completed in full and emailed to QBDutyClerk@hmcts.gsi.gov.uk. Please do not send emails to this address unless the out of hours duty clerk has invited you to do so.
When making an out of hours application, applicants should bear in mind R (on the application of Hamid) v Secretary of State for the Home Department  EWHC 3070 (Admin). This judgement can be found at the bottom of this page.
If the judge makes a determination, whether or not your out of hours application is successful, in accordance with CPR 25APD4.5 you must file a copy of your out of hours application with the court the next working day, together with the application fee of £50. You should send the form and fee to the Royal Courts of Justice Fees Office. You must pay this fee in addition to any fee required for any other application/claim the judge directs you to issue.
Guidance on administrative arrangements
Judgment – The Queen on the application of Butt v Secretary of State for Home Department
Please read these judgments before completing Form N463 - Judicial review application for urgent consideration